ADMINISTRATIVE COMPLAINTS
If you experience a problem with voting systems standards, provisional voting or any other voting problem covered by Title III of the Help America Vote Act of 2002 (HAVA) and wish to register a formal complaint, there is a specific process for addressing it.
You must submit your complaint to the
Commissioner of Elections or any of the
Departments of Elections for the counties. The
complaint must be:
- In writing
- Notarized
- Signed and sworn by the voter.
If the complaint is originally submitted to the Department of Elections for the county, it will be forwarded to the Commissioner of Elections on the same day it is received.
The Commissioner’s Office will notify the complainant that they received the complaint and what the resolution process will be. The Commissioner is authorized to consolidate similar complaints for resolution purposes. If the complainant requests it, there will be a hearing for the record.
Determinations
After receiving the complaint, the Commissioner
appoints a person or
persons to examine it,
gather data and
determine if there was a
violation.
If the person
investigating the
complaint determines
that there is a violation, they will report this and
recommend a suitable remedy to the
Commissioner. The Commissioner can accept,
reject or modify the recommended remedy.
If the investigator finds that there was no violation, the complaint will be dismissed. The Commissioner will publish the results of each investigation and resolution.
Timeframes
The Commissioner of Elections will make a final determination with respect to a complaint within 90 days of when the complaint was received, unless the complainant consents to a longer period of time. If the deadline is not met, the Commissioner of Elections must take action to ensure that the complaint is resolved within 60 days under alternative dispute resolution procedures. All existing materials will be made available for these proceedings.
